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In re Fourth Dauphin County Investigating Grand Jury

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


February 2, 2009

IN RE: THE FOURTH DAUPHIN COUNTY INVESTIGATING GRAND JURY
PETITION OF: JOSEPH F. SICA

Per curiam.

Renewed Application for Review and Relief by the Pennsylvania Supreme Court Motion to Seal Renewed Application for Review and Relief

ORDER

AND NOW, this 24th day of February, 2009, it is hereby ordered as follows:

(1) the matter is remanded to the President Judge of the Dauphin County Court of Common Pleas with direction to appoint a special prosecutor to conduct further inquiry into the allegations of violations of the secrecy provisions of the Investigating Grand Jury Act, 42 Pa.C.S. § 4541 et seq., and to oversee such inquiry; and

(2) the documents obtained by Petitioner's counsel, following the issuance of the subpoena that was attached as Exhibit B to Louis DeNaples and Mount Airy #1, LLC's Application for Review Pursuant to 42 Pa.C.S. § 722(5) and Pa.R.A.P. 3331(a) of Order Denying Motion for Return of Seized Property docketed at 28 MM 2008, shall be returned to Petitioner's counsel, but only after the President Judge of Dauphin County considers and determines any claims of privileged information by the District Attorney's Office and law enforcement personnel; and

(3) Petitioner's request for a copy of the transcripts of the evidentiary hearing held on June 30, 2008 and July 1, 2008 is granted; and

(4) Petitioner's counsel is to be provided with a copy of the August 4, 2008 Report and Recommendations of Supervising Judge of Fourth Investigating Grand Jury; and

(5) Petitioner's Motion to Seal Renewed Application for Review and Relief is granted until further order of this Court; and

(6) Petitioner's request to dismiss the criminal charges pending against him is denied; and

(7) Petitioner's request for the appointment of an independent prosecutor to evaluate the charges against him is denied; and

Furthermore, in accordance with this Court's May 2, 2008 Order, which, inter alia, granted Petitioner's request for the exercise of plenary jurisdiction pursuant to 42 Pa.C.S. § 726 "limited to the question of alleged violations of grand jury secrecy;"

And, it appearing that on January 24, 2008, upon the motion of Petitioner, the Dauphin County Court of Common Pleas entered a stay of all proceedings involving Petitioner;

It is further ordered as follows:

This Court shall continue to retain jurisdiction for the sole purpose of completing the inquiry into the question of alleged violations of grand jury secrecy. The retention of jurisdiction for this limited purpose shall not be construed as a stay by this Court of any criminal prosecution.

20090202

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